AN APPROPRIATE LEGAL REACTION
An appropiate legal reaction
ONE of the enduring myths of the troubles was that the Irish government was soft on terrorism.
In fact the country has some of the most Draconian anti-terror laws in the free world. And Ireland's economic miracle has been achieved in spite of the enormous cost of security imposed by the violence of this past three decades.
It is too seldom remembered by its critics that the troubles cost the Irish government more per head of population than the British government.
Yesterday the taoiseach unveiled a package of measures which significantly strengthens the hand of the Garda in its battle against republican dissidents.
The scale of the strategy is a proper response to the outrage at Omagh. That was an attack on every man, woman and child in Ireland. It is right that everything is done to bring those who committed the crime to justice.
The Dail is to be recalled in a fortnight's time to enact the legislative programme outlined yesterday.
There can be little doubt that TDs will give it their overwhelming support. They are very aware of the wave of revulsion which has swept across the island since last Saturday.
Earlier this week Northern Ireland's deputy first minister, Seamus Mallon, cautioned against the imposition of laws which undermine the very freedom we want to defend.
The Dail needs to ensure that adequate safeguards are built in to the legislation to ensure that, once it has performed its function, those measures which impinge significantly on individual rights are set aside.
It would be wise, for example, to decree that governments had to re-submit the package to the Dail at yearly intervals for reassessment. The Irish government must also ensure that the measures do not undermine internationally-accepted standards guaranteeing freedom of the press. It is not hard to imagine a situation where journalists legitimately pursuing investigations in the public interest could be caught up in restrictions on information gathering.
Given that no country is immune from cases of injustice, there should be some safeguards governing extended periods of detention -gardai should have to get judicial approval of some kind, for example.
And shift in the burden of proof needed to corroborate a senior garda's opinion that a suspect is a member of an unlawful organisation must be a short-term measure to answer this particular emergency.
But, in spite of a few reservations, the Irish government deserves credit for acting so resolutely and so quickly.
However, it knows - as the rest of us know only too well - that fine words and well-laid plans are worthless if they fail to snuff out the Real IRA and other dissident groups.
The country wants to see these people behind bars, and soon.
ONE of the enduring myths of the troubles was that the Irish government was soft on terrorism.
In fact the country has some of the most Draconian anti-terror laws in the free world. And Ireland's economic miracle has been achieved in spite of the enormous cost of security imposed by the violence of this past three decades.
It is too seldom remembered by its critics that the troubles cost the Irish government more per head of population than the British government.
Yesterday the taoiseach unveiled a package of measures which significantly strengthens the hand of the Garda in its battle against republican dissidents.
The scale of the strategy is a proper response to the outrage at Omagh. That was an attack on every man, woman and child in Ireland. It is right that everything is done to bring those who committed the crime to justice.
The Dail is to be recalled in a fortnight's time to enact the legislative programme outlined yesterday.
There can be little doubt that TDs will give it their overwhelming support. They are very aware of the wave of revulsion which has swept across the island since last Saturday.
Earlier this week Northern Ireland's deputy first minister, Seamus Mallon, cautioned against the imposition of laws which undermine the very freedom we want to defend.
The Dail needs to ensure that adequate safeguards are built in to the legislation to ensure that, once it has performed its function, those measures which impinge significantly on individual rights are set aside.
It would be wise, for example, to decree that governments had to re-submit the package to the Dail at yearly intervals for reassessment. The Irish government must also ensure that the measures do not undermine internationally-accepted standards guaranteeing freedom of the press. It is not hard to imagine a situation where journalists legitimately pursuing investigations in the public interest could be caught up in restrictions on information gathering.
Given that no country is immune from cases of injustice, there should be some safeguards governing extended periods of detention -gardai should have to get judicial approval of some kind, for example.
And shift in the burden of proof needed to corroborate a senior garda's opinion that a suspect is a member of an unlawful organisation must be a short-term measure to answer this particular emergency.
But, in spite of a few reservations, the Irish government deserves credit for acting so resolutely and so quickly.
However, it knows - as the rest of us know only too well - that fine words and well-laid plans are worthless if they fail to snuff out the Real IRA and other dissident groups.
The country wants to see these people behind bars, and soon.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0121
Published Date: 20-Aug-98
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